What's happening
This bill expands the definition of unauthorized use of a vehicle in the third degree to include entering or remaining in a vehicle without the owner's consent.
Why it matters
Broadens criminal liability. The bill makes it a crime not only to take or operate a vehicle without the owner's consent, but also to merely enter or remain in a vehicle without permission, significantly expanding the conduct that could result in prosecution.
Potential impact on minor or ambiguous conduct. Individuals who enter a vehicle without consent—even if they do not move, drive, or use it—could now face misdemeanor charges, raising the stakes for actions like seeking shelter in a parked car or mistaken entry.
Implications for law enforcement and prosecution. The expanded definition could lead to more arrests and prosecutions for unauthorized vehicle use, possibly affecting people in situations that previously would not have met the threshold for criminal charges.
Raises questions about intent and proportionality. By including simple presence in a vehicle as a criminal act, the law could capture a wider range of behaviors, some of which may not involve intent to steal or misuse the vehicle, potentially leading to debates over fairness and appropriate punishment.
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Who cares
Vehicle owners
The bill would explicitly make knowingly entering or remaining in a vehicle without the owner's consent unauthorized use in the third degree.
Police and prosecutors
The bill would expand the conduct expressly covered by this class A misdemeanor to include entering or remaining in a vehicle without consent.
Criminal defense attorneys and defendants
The bill would extend the existing presumption of knowing lack of consent to people who enter or remain in a vehicle without the owner's consent.
Headline styles
Expand Vehicle Use Law
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 49–14
- Ordered to third reading cal.1392
- Committee discharged and committed to rules
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Strengthen Unauthorized Vehicle Laws
In Assembly Committee · Codes · Sponsor Andrew Raia
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1259
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to the offense of unauthorized use of a vehicle in third degree
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 165.05 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to read as follows: § 165.05 Unauthorized use of a vehicle in the third degree.
A person is guilty of unauthorized use of a vehicle in the third degree when:
1. Knowing that he or she does not have the consent of the owner, he or she takes, enters or remains in, operates, exercises control over, rides in or otherwise uses a vehicle. A person who engages in any such conduct without the consent of the owner is presumed to know that he or she does not have such consent; or
2. Having custody of a vehicle pursuant to an agreement between himself or herself or another and the owner thereof whereby he or she or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, he or she intentionally uses or operates the same, without the consent of the owner, for his or her own purposes in a manner constituting a gross deviation from the agreed purpose; or
3. Having custody of a vehicle pursuant to an agreement with the owner thereof whereby such vehicle is to be returned to the owner at a specified time, he or she intentionally retains or withholds possession thereof, without the consent of the owner, for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.
For purposes of this section "a gross deviation from the agreement" shall consist of, but not be limited to, circumstances wherein a person
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05855-01-7
S. 1259 2
who having had custody of a vehicle for a period of fifteen days or less pursuant to a written agreement retains possession of such vehicle for at least seven days beyond the period specified in the agreement and continues such possession for a period of more than two days after service or refusal of attempted service of a notice in person or by certified mail at an address indicated in the agreement stating (i) the date and time at which the vehicle was to have been returned under the agreement; (ii) that the owner does not consent to the continued withholding or retaining of such vehicle and demands its return; and that continued withholding or retaining of the vehicle may constitute a class A misdemeanor punishable by a fine of up to one thousand dollars or by a sentence to a term of imprisonment for a period of up to one year or by both such fine and imprisonment.
Unauthorized use of a vehicle in the third degree is a class A misdemeanor.
§ 2. This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the offense of unauthorized use of a vehicle in third degree
Purpose
This bill will add that a person is guilty of unauthorized use of a vehicle in the third degree if he or she enters in or remains in a vehicle knowing that the owner has not given consent.
Summary of provisions
Section 165.05 of the penal law, as amended by chapter 413 of the laws of 1982, is amended to provide that a person is guilty of unauthorized use of a vehicle in the third degree if he or she enters in or remains in a vehicle knowing that the owner has not given consent.
Justification
Incidents of unlawful vehicle entry is rising. Individuals search for unlocked vehicles and rummage for purses, wallets, or anything of value. Under current law, if law enforcement comes upon or is alerted to such a crime and nothing has been taken yet, the perpetrator cannot be accurately charged with unauthorized use of a vehicle in the third degree for simply entering or remaining in the vehicle without the owner's consent.
This legislation would provide law enforcement with a stronger tool in charging individuals who often repeatedly target vehicles for their contents.
Legislative history
S.422 of 2015/16.
Fiscal implications
None.
Effective date
This act shall take effect on the first of November next succeeding the date upon which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.